Workers’ compensation benefits are based on disability. The amount of disability is based on wages and the ability to earn them. Main Takeaways: In workers’ compensation, disability means the loss in an employee’s ability to work. There are three main categories in calculating an employee’s workers’ compensation payout: if the employee can’t work at all, […]
Disability Benefits
Latest COA decisions on workers’ compensation
The North Carolina Court of Appeals published two decisions on workers’ compensation this month. The first case, Kingston v. Lyon Construction, concerns workers’ compensation liens and third-party recoveries. The plaintiff was exposed to asbestos on the job and developed illness as a result. He was awarded workers’ compensation benefits, and brought and settled tort cases against manufacturers […]
NC Court of Appeals’ latest decisions on workers’ compensation and personal injuries
Last week, the North Carolina Court of Appeals published four opinions in workers’ compensation and personal injury cases. In Berardi v. Craven County Schools, the Court considered and described the Industrial Commission’s new process for expedited medical motions, which speed up resolution of medical treatment disputes in workers’ compensation cases. At issue was whether the employer […]